OUR STANDARD TERMS OF SALES
These terms of sale for items (“Products”) apply to all Products purchased within Bangladesh through MIDNIGHT.
Inquiries relating to Products purchased should be directed to the following contact point: firstname.lastname@example.org
Products once sold are NON-RETURNABLE and NON-REFUNDABLE.
Limited Product Warranty
If a hardware defect arises and a valid claim is received by Midnight within the Warranty Period, Midnight will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Midnight itself or through its authorized re-seller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
How to Obtain Warranty Service
To obtain warranty service, you must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Midnight. In accordance with applicable law, Midnight may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Midnight will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the Midnight website or email us at hello@Midnight.com.bd.
Exclusions and Limitations
This Limited Warranty applies only to the Products purchased through Midnight. The Limited Warranty does not apply to any (a) products and services other than the Product, (b) consumables (such as batteries), or (c) software, even if packaged or sold with the Product or embedded in the Product. This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Midnight or if the Product is inserted or installed in a casing not provided by Midnight. In addition, this Limited Warranty does not apply: (a) to damage caused by use with other products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by manufacturer or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Midnight. Recovery and re-installation of software programs and user data are not covered under this Limited Warranty. No Midnight re-seller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforce-ability of the remaining terms shall not be affected or impaired.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
Limitation of Damages
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MIDNIGHT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF MIDNIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty shall be governed by the laws of BANGLADESH, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.